SEPARATION OF POWERS

Posted On April 24, 2004

Militia of Washington County, Arkansas

Part of the Constitutional Sixth Check and Balance

of the Separation of Powers

The Militia of Washington County, Arkansas made up of volunteer civilian citizens from the area who operate directly under the Governor according to the Constitution of the State of Arkansas held a barbeque/open house for the public on Saturday, April 17, 2004. Captain Paul G. Smith of Fayetteville, Arkansas is the militia commander. The men elect their own officers.

Attendees as well as militia men came and went during the day with around fifty persons coming out. Inside the headquarters building was a display of arms, including fully operational machine guns of several caliburs and a 25 mm artillery piece on wheels. owned and operated by the militia who stand ready to lend assistance to the Governor and their area of Arkansas should riots or other disorder disrupt the area. Among the visitors enjoying the barbeque was Independent U.S. Congressional candidate Dale Morfey and his wife.

Shortly after lunch, a demonstration of firepower was shockingly and loudly conclusive of the potential ability of this militia as the fire from several fully automatic weapons ripped and roared into the embankment of their test firing range on Militia acreage. They referred to the noise as the sound of freedom from the citizens ready to defend Liberty.

Participants mentioned that there were several other private militias operating in Arkansas, but they were mostly covert and not open to public inspection, which is also their constitutional right. Then there are Civilian Militias that openly operate and report to the Governor. Both types of Militia have their Constitutional place for the people.

A serious project of this Militia of Washington County has been the preparation of a legal handbook of around 100 pages which outlines the legal and constitutional rights of citizens in regard to gun ownership and the right to “bear” arms. This legal brief also documents the hazards of government gun registration, restrictions on the type of guns that citizens may own and the danger of Federal firearms confiscation.

The principal author of this legal brief has been Wayne Fincher assisted by Robert McMullen of the SIP of Arkansas with advice and information from others including clarifications of the meanings of certain words and phrases in the Constitution and the laws by David Wilson. This work should be published soon and should be of assistance to those opposing gun control and confiscation. Other militias across the country may find the brief useful as well.

The Constitutions of our forefathers state the following:

U.S. CONSTITUTION 1789 states:

AMENDMENT II.A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

The CSA CONSTITUTION 1861 states:

ARTICLE I, Section IX, Clause14.A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

The ARKANSAS CONSTITUTION 1874 states:

ARTICLE 2, Section 5.Right to bear arms. The citizens of this state shall have the right to keep and bear arms for their common defense. [That would include tanks and jet fighters if necessary for the defense of the State].

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ARTICLE 11, Section 1.Persons liable to military duty. The militia shall consist of all able-bodied male persons, residents of the State, between the ages of eighteen and forty-five years, except such as may be exempted by the laws of the United States or this State, and shall be organized, officered, armed and equipped and trained in such manner as may be provided by law.

ARTICLE 11, Section 2.Volunteer companies. Volunteer companies of infantry, cavalry or artillery may be formed in such manner and with such restrictions as may be provided by law.

ARTICLE 11, Section 3.Privilege of members from arrest. The volunteer and militia forces shall in all cases (except treason, felony and breach of the peace) be privileged from arrest during their attendance at muster and the election of officers, and in going to and returning from the same.

ARTICLE 11, Section 4.Authority to call out volunteers or militia. The governor shall, when the General Assembly is not in session, have power to call out the volunteers or militia, or both, to execute the laws, repel invasion, repress insurrection and preserve the public peace in such manner as may be authorized by law.

But, laws are only as good as the elected leaders and the people being led. Good laws can be ignored and bad laws passed if the citizens allow such to occur. Bands of bandits or terrorists can take control and rob the people if they and their elected leaders allow that to happen. Also, corrupt rulers in the Federal government have used unrighteous laws which violate our State laws. They have used deadly force upon our citizens wrongfully invading our State’s rights and usurping police powers away from our State officials.

Governors have the authority and the duty to defend the citizens of their State Republics and to execute State laws to protect the innocent. The County Sheriffs also have the authority and the duty to protect the citizens of their respective Counties and to arrest violators of the State Law.

When Corrupt and dangerous Federal officials or judges make judgments or pass laws that are in violation of either the Federal Constitution or the State Constitution and then invade that State with the intent of enforcing their unlawful and egotistical will upon the citizens of that State, it is the duty of the local Sheriff to prevent such invasion and illegal action against the citizens he has sworn to protect.

(Remember the Federal slaughter of the Davidians in Waco, Texas and the Federal removal of the Ten Commandments monument at the Alabama Supreme Court building.) Neither event should have been allowed by the Sheriffs and State officials of Texas and Alabama respectively.

In such cases the Sheriff should order such wrongful officials and/or agents or marshals to cease and desist and to depart from his County. That failing, he should arrest the offending invaders. If additional force is needed, the Sheriff can deputize local citizens and militia for assistance. He may also call upon the Governor for assistance, who by all rights, should send State police to work under the direction of that Sheriff.

In such situations, the State Legislature should pass an emergency Bill of Nullification authorizing the use of the necessary force to repel the invasion; foreign or Federal. The Governor should sign and enforce such emergency bill. If no bill is offered the Governor could still issue an executive order of nullification of any such illegal edicts against his State or citizens. Correct thinking officials must be elected if the people are to be protected and remain free from governmental tyranny. Political action is needed.

Governors and Sheriffs refusing to protect their people must be removed from office as being either scalawags or cowards unfit to serve the people. The States have rights. See drafts of suggested nullificationdocuments at www.FederationofStates.org in the article entitled:

Suggested Nullification Orders for Governors and Bills to Nullify for Legislatures of Unconstitutional Judicial Orders.

The Militia of Washington County maintains that it and its citizen members may own military weapons and fully automatic machine guns without the need of registration and/or regulation by the Federal Government since that they operate under the Arkansas Constitution.

The Six check and balances provided by our forefathers in the Constitution are:

1. The Executive Branch under the President

2. The Judicial Branch (Courts) under a Chief Justice

3. The Legislative Branch with Congress having a Speaker of the House and the Senate presided over by the Vice President.

The Congress represents the people directly from their districts while the Senate represents the States under State’s rights provisions and were originally elected by the State legislatures. (Now perverted to be elected by the people, thus seriously infringing upon State’s rights.)

4. The States as sovereign Republics operating under their own State Constitutions.

5. Juries of piers meaning under the Magna Carta and early Supreme Court decisions was a jury of local folks who are in the same profession, race and religion as the litigants. That has been corrupted also today to a jury for the court of diverse racially equalized people from the local community and not a jury of peers for the litigant who are similar to him or her.

6. All able bodied men are part of the unorganized civilian militia with ultimate power over the government which they or their forefathers created. Organized Citizen’s Militia are under the Governor as is the State Guard and the State National Guard. Sheriffs can deputize local Militia members to serve under their direction in enforcing the law and protecting the citizens.

Our forefathers knew that sometimes the people cannot depend upon a certain leader or even a certain group of leaders because of the corrupting tendency of power. Thus, by having the functions of government fractured, outrageous men in one group may be checked by decent men in one of the other groups.

Ultimately, however, the responsibility falls upon individual citizens to protect their own families and their neighborhoods and should not necessarily depend upon others to do this. If government functions as hoped, then various the governmental groups do their job of providing benefits for the citizens.

But, when they do not do their jobs or when they take unto themselves unrighteous dominion (too much power) and when the other branches of government do not control them, the citizens must take care of the situation by refusing to re-elect, by recall or impeachment or by force from the people themselves.

This use of force should be a last resort and should not be to overthrow a government, but to defend the local people, repair a broken government and to restore it to proper function. Freedom is not free and requires commitment and vigilance by the citizens.